ABSTRACT: The arbitration recourse in WTO Dispute Settlement Understanding has been invoked several times over these 13 years of WTO existence. This fact should be due to the old mechanism of arbitration has been explicitly regulated in the 1994 Uruguay Round results. In this way, despite voluntary implementation of the decisions by the States still is a very delicate issue, it is important to understand the role that this specific jurisdictional mechanism is capable. For this task, will be analyzed the rules of Disputes Settlement Understanding as a whole, detailing, especially, the arbitration recourse in this agreement. Understanding the issue, can be concluded, the reasons why arbitration has obtained success in prodigious task of leading the States to respect the reports adopted by the Dispute Settlement Body.
Revista Brasileira de Arbitragem